JUDGMENT :

Anil Kshetarpal, J.

1. The defendant no.1 assails the correctness of the order passed by the First Appellate Court on 31.10.2018, by which the judgment and decree passed by the trial court has been set aside and the First Appellate Court has remitted the case back to the trial court on the following two grounds:-

(1) No opportunity has been awarded to the plaintiff to lead rebuttal evidence on issue no.2.

(2) The application for additional evidence filed by the defendants has not been decided.

2. This Bench has heard the learned counsel representing the parties at length and with their able assistance perused the paper book.

3. The plaintiff filed a suit for grant of decree of declaration with a consequential relief of joint possession claiming that he is the owner in possession of 3 kanals and 7 marlas of land out of the land measuring 11 kanals and 14 marlas.

4. The suit was contested by the defendants and dismissed by the trial court by a detailed judgment. However, as noticed, the First Appellate Court remitted the matter back to the trial court for fresh decision.

5. The learned counsel representing the appellant (defendant no.1) submits that on both the counts, the First A